Statute

RULES AND REGULATIONS

„Rapdach” 

§ 1. General provisions

1. These regulations, hereinafter referred to as “Regulations”, set out the rules for the use of the online store located at URL https://rapdach.com, hereinafter referred to as the “Store”.
2. The store is operated by the Company RAPDACH sp. z o.o. Ptaszkowa 957 33-333 Ptaszkowa NIP: 734 356 7365.
3. Store address and contact information: web address – https://rapdach.pl e-mail – kontakt@rapdach.pl telefon – 504 877 885, mailing address – Ptaszkowa 957
4. Each person should read the Terms and Conditions of the Store before using it.
5. Making purchases in the Store requires the Customer to have an active and working email account.
6. The labor cost of 1 Rapdach employee per hour is PLN 150 net.

§ 2. Types and scope of activities of the Store

1. Through the Store is conducted distance sales via the Internet of an assortment of balustrades, elements for balustrades, windows, doors, walls.

§ 3. Privacy Policy

1. The customer, by completing the purchase form and checking the box next to the relevant statement, agrees to the collection and processing of his personal data in accordance with the Regulation of the European Parliament and of the Council of the EU 2016/679 of April 27, 2016 on the protection of natural persons in connection with the processing of personal data and on the free movement of such data and repealing Directives 95/46/EC (General Data Protection Regulation)(Official Journal of the EU. L. of 2016. No. 119, p.1) and the Act of May 10, 2018. on the protection of personal data ( hereinafter referred to as the Personal Data Protection Act) and the Act on the provision of services by electronic means of July 18, 2002. (Journal of Laws 2002 No. 144, item 1204 as amended).
2. The administrator of the Personal Data is Rapdach.com
3. The Data Administrator entrusted the processing of personal data to Rapdach Paulina Rapacz, contact details: 504 877 885, kontakt@rapdach.pl
4. Only personal data provided voluntarily by the Client are collected. The data is processed for the purpose necessary to carry out the provisions of these Terms and Conditions, in particular:
   
   1. To conclude a contract of sale of the ordered goods,
   2. delivery to the customer of the goods for which the customer has placed an order ,
   3. issuance of a document confirming the sale transaction of goods, Vat invoice,
   4. to record transactions in the Store’s computerized accounting system for the period required by law, and to store personal data in the computerized accounting system to provide a history of business transactions made by the Store,
   5. storing the Customer’s personal data in the Customer database.
5. With additional consent given by the Customer, the collected personal data may also be used for promotional and marketing purposes, including, in particular, to present to the Customer the store’s commercial offer and other marketing information related to the Store.
6. If you subscribe to a newsletter and agree to receive it during the registration or ordering process (agreeing to receive commercial information electronically), it is only necessary to provide an e-mail address for this purpose, to which commercial information from the Administrator will be sent. The Customer may unsubscribe from the sending of such information at any time by logging into his/her account in the Store or by clicking on the unsubscribe link located in the footer of each newsletter.
7. The data provided during the ordering process is also processed by the following entities to the extent provided: name, address, telephone, e-mail indicated as the delivery address is transmitted to shipping companies in the form of a shipping label/letter which is also an order for delivery of goods. Depending on the type of shipment selected, they are transferred:
   
   1. transhipment/logistics company
   2. for smaller packages – INPOST
8. The customer at any time has the right to access the content of his personal data and the right to correct it and request its deletion;
9. The Administrator informs that the Client is not obliged to provide his/her personal data, however, refusal to provide such data will prevent the proper performance of the services specified in the Regulations and the benefits under the contract between the Store and the Client.
10. The collected data are carefully protected in accordance with applicable regulations. The administrator makes every effort to ensure that the stored data is provided with an appropriate degree of security.
11. The Store uses cookies. When a Customer visits the Store’s website, the Store’s system sends at least one cookie file to the Customer’s computer to uniquely identify the browser. The Store’s server automatically logs the information sent by the Customer’s browser when viewing the sites. Server logs may include information such as network request, IP address, browser type and language, date and time the request was sent. This information allows us to improve the quality of our service by identifying and storing Customer preferences and tracking trends, such as the ways in which our site is searched. The Customer can prohibit receiving cookies, thus remaining anonymous, although by not allowing cookies to be registered, the Store will not be able to identify the Customer or their preferences. Detailed information about cookies is contained in the Cookies Policy.
12. The Store informs Customers that the services offered through the Store are provided via the public Internet network. In connection with the above, the Store draws the Customers’ attention to the fact that using the Store’s services may involve the risk of interference by third parties in the transmission of data sent via the Internet between the Store and the Customer.
13. Information about the rules and methods of recording, securing and making available by the Store to the other party the content of the concluded contract:
    
    1. Recording, securing and making available the content of the concluded agreement is done by sending an appropriate e-mail message after the conclusion of the Sales Agreement.
    2. Recording, securing and making available the content of the concluded Sales Agreement is done by sending to the Customer the content of the concluded Agreement to the e-mail address provided or by providing the Customer with the Order specification and the proof of purchase.
    3. The content of the concluded contract is additionally recorded and secured in the Service Provider’s ICT system and made available at any request of the Client.

§ 4. Technical requirements

1. For proper and uninterrupted use of the Store, the Customer’s station/end device should meet the following minimum technical requirements:
   
   1. Active internet connection
   2. Hardware requirements in accordance with the minimum requirements of the web browser in use
   3. Acceptance of cookies and Javascript and PHP scripts enabled
   4. The store is not obliged to provide the above equipment and/or software.
   5. Installation of the software referred to in paragraphs 1 and 2 is subject to a separate license agreement between the customer and the licensor.
2. The store’s website is adjusted to a screen resolution of 1920 x 1080

§ 5. Rules for making purchases

1. Information provided on the Store’s websites, including information about the presented products, and in particular their descriptions, technical and performance parameters and prices, is an invitation to conclude a contract, within the meaning of Article 71 of the Civil Code.
2. The store, before confirming the purchase, provides the customer with the following information:
   
   1. accurate description of the product in question and its features;
   2. the total price of the ordered products, including taxes, as well as transportation, delivery or postal fees, and a summary of the total amount of the order with the selected delivery option
   3. concerning the method and time of payment
   4. concerning the manner and timing of the entrepreneur’s performance.
   5. The price is determined individually for each project, the price shown on the product card is an approximate price, which may change after purchase by the buyer. About any planned change in price – the customer will be informed by phone or e-mail. Ultimately, it is the buyer who decides on the implementation of the order under the conditions presented by the store.
   6. As a store selling a specifical assortment, the price of which depends on many factors – we reserve the right to change the price of the product or cancel the order.
3. Making a purchase of a Product does not require registration in the Store
4. Placing an order is done using the form located in the summary of the shopping list/basket, in which the customer provides the following data:
   
   1. Name or company name
   2. E-mail address
   3. Phone number
   4. Shipping address details
5. The Customer places an order after reading the information specified in the content of the store’s Regulations and the information indicated in paragraph 2, which will be displayed electronically in the last step of filling out the electronic form preceding the expression of the will to be bound by the contract by clicking the “Complete the order” button. After reading the accumulated information specified for a given customer order, the customer expresses his or her will to be bound by the contract by clicking the “Complete the order” button
6. All prices displayed on the Store’s pages are in Polish zloty and include VAT. The price displayed in the summary of the shopping cart before placing the order includes shipping costs according to the option selected by the Customer.
7. The store undertakes to deliver items free of defects.
8. An order is considered to be accepted for processing after the Store confirms acceptance of the order placed by the Customer.
   
   1. Confirmation of order acceptance is sent automatically after the order is placed by the customer;
   2. The Store may withhold acceptance of an order if it has doubts about the accuracy or reliability of the data indicated by the Customer in the registration form. In this case, the Store will immediately contact the Customer in order to clarify the doubts in question.
   3. In case of unavailability of some of the products included in the order, the customer is immediately informed about it. The customer decides whether the order is to be fulfilled partially or cancelled in full.
9. The Customer and the Store are bound by the price of the Product in effect at the time of placing an order for it.
10. The following payment methods are honored in the Store:
    1. payment on delivery upon receipt of a shipment delivered by a postal operator or courier service,
    2. standard bank transfer,
       electronic payment system through the service Przelewy24
    3. electronic payment system through the service PayPal
11. The deadline for payment is 7 working days from the date of the order, or as specified on the FV document,
12. The contract is considered to be concluded upon confirmation of acceptance of the order in the case of selection of cash on delivery or upon payment by the Customer, after receipt of confirmation of acceptance of the order for processing.
13. Ordered goods are shipped within the same business day for orders placed before 2 pm of the same day or the next business day for orders placed after 2 pm of the previous day. The number of days is calculated in business days:
    
    1. od zaksięgowania kwoty należnej za produkt w przypadku wyboru płatności z góry,
    2. from the confirmation of acceptance of the order for processing in the case of choosing payment on delivery
14. Shipments are sent via courier service INPOST or Poczty Polskiej. Shipping costs are specified in the Shipping tab. The cost of foreign shipments is determined individually with the customer – depending on the destination of delivery. It is also possible to pick up the goods in person at the address given in § 1, item 3 (Store address).
15. In the case of ordering several pieces of goods, as a rule, the goods are packed collectively in one shipment, unless, choosing a method of delivery, the Customer indicates a different method of packaging and selects the option of separate delivery for each product.
16. The customer will be notified by email about the shipment of goods. When choosing a courier service, the customer will receive a tracking number via email. The shipment can be located at the following address: https://inpost.pl/
17. If the goods are to be sent by the Store to a customer who is a consumer, the danger of accidental loss or damage to the thing (goods) passes to the customer at the time of its release to the customer. Release of the thing (goods) is considered to be its entrustment by the Store to the carrier, if the Store had no influence on the choice of the carrier by the buyer.
18. A receipt confirming the purchase is sent along with the Product. At the request of the Customer, a VAT invoice is issued. The Customer is obliged to provide full details necessary to properly issue a VAT invoice:
    
    1. Name/Company,
    2. Address of residence/site,
    3. Tax ID number (for companies), PESEL number (individuals),
    4. Order number,
    5. Mailing address
    6. Each customer who registers and/or makes an order agrees to receive information related to the progress of the transaction, notifications of changes to these Terms and Conditions to the email address provided by the customer.
19. Other information regarding the operation of the Service, as well as containing commercial information about new products or services of the Service, about promotions of the Service and promoting products of the Administrator’s partners will be sent only to those Customers who have given their consent.

§ 6.  Reklamacje

1. In terms of complaints, the Customer who is a Consumer may exercise the rights granted by the provisions of the Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93 as amended) and the Consumer Rights Act of May 30, 2014 (Journal of Laws 2014 item . 827 of June 24, 2014).
2. The store is responsible to the customer under the warranty , if the sold thing (goods) has a physical or legal defect. A physical defect consists in inconsistency of the sold thing (goods) with the contract. In particular, the sold thing (goods) is inconsistent with the contract if:
   
   1. does not have the characteristics that a thing of this kind should have in view of the purpose specified in the contract or resulting from the circumstances or purpose;
   2. does not have the properties that the Store assured the Customer of, including by presenting a sample or design;
   3. is not suitable for the purpose about which the Customer informed the Store at the conclusion of the contract, and the Store did not object to such purpose;
   4. was issued to the customer in an incomplete state.
3. Complaints regarding ordered goods may be submitted by e-mail to the following address reklamacje@rapdach.pl or by registered mail to 957 Ptaszkowa 33-333 Ptaszkowa . Complaining is also possible by contacting the store support available from the account management level.
4. When filing a complaint, please provide the following data: the customer’s name, address, data allowing identification of the sale (e.g. login, order number, date of transaction), subject and reason for the complaint, contact information.
5. Determining the manner of fulfillment of the Store’s obligations in the scope of a reported complaint about the occurrence of physical or legal defects in the thing, the Customer, who is a consumer, has the right to make a statement about reducing the price or withdrawing from the contract, unless the Store immediately and without excessive inconvenience for the Customer replaces the defective thing with a defect-free one or removes the defect. This restriction does not apply if the thing has already been replaced or repaired by the seller (the Store) or the Store has failed to comply with the obligation to replace the thing with a defect-free one or remove the defect.
6. If the Customer is a Consumer , he/she may, instead of the removal of the defect proposed by the Shop, demand the replacement of the item with a defect-free one or, instead of the replacement of the item, demand the removal of the defect, unless bringing the item to conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs in comparison with the manner proposed by the Shop. In assessing the excessiveness of the costs, the value of the defect-free item, the type and significance of the identified defect shall be taken into account, as well as the inconvenience to which other means of satisfaction would expose the Customer.
7. The reduced price should remain in such proportion to the contract price as the value of the thing with the defect remains to the value of the thing without the defect.
8. The customer may not withdraw from the contract if the defect is insignificant.
9. A product feature that is not visible from a distance of two meters in accordance with the provisions of the Polish Standard is considered insignificant.
10. Claims submitted by the Customer will be considered within 14 days of their submission. Failure to make a statement within this period shall be considered an acknowledgment of the claims made by the Client.
11. The Client will be notified of the resolution of the reported complaint by the same way the complaint was sent, unless the Client stipulates another form of contact. Resolution of the complaint will additionally be sent electronically to the e-mail address indicated by the Client.
12. If the complaint is resolved positively, the Store sends to the Customer the goods free of defects or with the defect removed within a reasonable time. If repair or replacement with a new product is not possible for the reasons indicated in paragraphs 5 and 6, the Store according to the alternative request submitted by the Customer – will reduce the price or return the equivalent of the price of the product, plus shipping costs.
13. Rapdach Company declares that it sometimes uses Third Party Companies for installation services of its products. Therefore, the Work Acceptance Protocol is valid only after being signed by a Rapdach employee and the Rapdach company seal.

Exceptions to the right of withdrawal are included by the legislator in Article 38 of the Law on Consumer Rights. 

Art. 38. consumer rights

Exclusion of the right of withdrawal from an off-premises or distance contract

3)

in which the subject matter of the performance is a non-refabricated item, produced according to specifications 

consumer or to meet his individualized needs;

§ 7. Withdrawal from the contract

1. Pursuant to the Consumer Rights Act of May 30, 2014 (Journal of Laws 2014, item 827), the Customer who is a consumer has the right to withdraw from the concluded contract in writing without giving any reason within fourteen days from the date of issue of the item, i.e. from the moment when the Customer took possession of the item , or when a third party other than the carrier indicated by the Customer took possession of the item. To maintain the fourteen-day period referred to in paragraph 1, it is sufficient to send a statement of withdrawal before its expiration. The statement can be sent to the address rapdach@gmail.com or by registered mail to the address Ptaszkowa 957 In accordance with Article 38 of the Act on Consumer Rights, the right to withdraw from a contract concluded remotely, in accordance with the Act, does not apply to the consumer in cases:
   
   1. for the provision of services, if the trader has performed the service in full with the express consent of the consumer, who was informed before the start of the service that after the performance of the trader will lose the right to withdraw from the contract;
   2. in which the price or remuneration depends on fluctuations in the financial market over which the trader has no control, and which may occur before the expiration of the deadline for withdrawal;
   3. in which the object of performance is a non-refabricated item, manufactured to the consumer’s specifications or serving to meet his individualized needs;
   4. in which the object of performance is an item that is perishable or has a short shelf life;
   5. in which the object of performance is things that, after delivery, due to their nature, become inseparable from other things;
   6. in which the object of performance is things that, after delivery, due to their nature, become inseparable from other things;
   7. in which the object of performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the contract of sale, the delivery of which can bé only after 30 days and the value of which́ depends on fluctuationś in the market, over which the entrepreneur has no control;
   8. in which the consumer expressly requested that the trader come to him to perform urgent repair or maintenance; if the trader provides additional services other than those requested by the consumer, or provides things other thaṅ spare parts necessary for the repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or things;
   9. in which the subject of performance is̨ sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; for the supply of newspapers, periodicals or magazines, except for a subscription contract̨;
   10. concluded through a public auction;
   11. for the provision of services in the field of accommodation, other than for residential purposes, carriage of goods, rental of self-carriages, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the daý or period of service provision;
   12. for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiration of the withdrawal period and after the trader has informed him̨ of the loss of the right of withdrawal.
2. In case of withdrawal from the contract, the Customer is obliged to return the goods to the address: Ptaszkowa 957 or give it to a person authorized by the Store to collect it immediately, but no later than 14 days from the day on which, he/she has withdrawn from the contract, unless the Store offered to collect the item itself. Returned goods should be packed in a way that prevents them from being damaged in transit.
3. If the Customer exercises the right referred to in paragraph 1, the direct costs of returning the goods shall be borne by the Customer .
4. In the event of withdrawal from this contract, the Customer shall be refunded all payments received from him/her, including the costs of delivery of the items (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest ordinary method of delivery offered in the delivery of goods available in the Store), immediately and in any case no later than 14 days from the day on which the Store was informed of the Customer’s decision to exercise his/her right of withdrawal from the contract with the Store.
5. The Store will refund the payment using the same method of payment used by the Customer, unless the Customer has expressly agreed to a different method of refund that does not involve any costs for the Customer.
6. The store may withhold reimbursement until it has received the returned Goods (items) or until it has provided proof of return of these goods in connection with the withdrawal, whichever event occurs first.
7. If the customer who is a consumer has chosen a method of delivery of the item (goods) other than the cheapest ordinary method of delivery offered by the trader, (applies to the method of the original delivery to the customer) the trader is not obliged to reimburse the customer for the additional costs incurred by him.      

8. Exceptions to the right of withdrawal are included by the legislator in Article 38 of the Law on Consumer Rights.

   Article 38. consumer rights

   Exclusion of the right of withdrawal from an off-premises or distance contract

   3)

   in which the subject of the service is a non-refabricated item, manufactured to the consumer’s specifications

   consumer’s specifications or to meet his individualized needs;

§ 8. Final provisions and description of the possibility to use out-of-court means of complaint handling and claim investigation

1. The provisions of these Regulations are not intended to exclude or limit any of the rights of the Customer who is also a Consumer to which he is entitled under mandatory provisions of law. In the event of any inconsistency between the provisions of these Terms and Conditions and the aforementioned regulations, those regulations shall prevail.
2. In matters not regulated by these Regulations, the provisions of Polish law shall apply, including in particular the Act of May 30, 2014 on Consumer Rights(Journal of Laws 2014 item . 827 of June 24, 2014) and the Act of April 23, 1964. – Civil Code (Journal of Laws 1964 no. 16 item 93 as amended).
3. Information on the possibility of using out-of-court procedures for handling complaints and pursuing claims by the Customer who is a consumer, as well as the rules of access to these procedures are available at the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection:
   
   1. http://www.uokik.gov.pl/spory_konsumenckie.php;
   2. http://www.uokik.gov.pl/sprawy_indywidualne.php;
   3. http://www.uokik.gov.pl/wazne_adresy.php;
4. The customer who is a consumer has, among other things, the following options for out-of-court means of handling complaints and claims:
5. Permanent amicable consumer court operating at the Trade Inspection – the possibility of requesting the settlement of a dispute arising from the concluded Sales Agreement;
6. The provincial inspector of the Trade Inspection may request the initiation of amicable mediation proceedings until the dispute between the customer and the store is resolved;
7. county (municipal) consumer ombudsman or a social organizationa whose statutory tasks include consumer protection (such as the Consumer Federation, the Association of Polish Consumers). Advice is provided by the Consumer Federation at the toll-free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address porady@dlakonsumentow.pl